© 2014 aca international. all rights reserved. obtaining optimum compliance performance...

© 2014 ACA International. All Rights Reserved.

Obtaining Optimum Compliance Performance

Foundational Training on ACA’s Professional Practices Management System (PPMS

TM)

TM

Obtaining Optimum Compliance PerformanceThis information is not to be construed as legal

advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this

information is up-to-date as of the date of publication. It is not intended to be a full and

exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own

legal counsel.

TM


Course Outline

Federal Compliance State Law Compliance Compliance Resources


Areas to Examine Federal Compliance

Fair Debt Collection Practices Act (FDCPA) Fair Credit Reporting Act (FCRA) Bankruptcy Gramm-Leach-Bliley Act (GLBA) Telephone Consumer Protection Act

(TCPA) Health Insurance Portability and

Accountability Act (HIPAA) Servicemembers Civil Relief Act (SCRA)


Federal Compliance - FDCPA

FDCPA Areas of Risk Communications Disputes Prohibited Practices


FDCPA Areas of Risk:Communications

Communications with Consumer Oral Written Electronic

Communications with Third Parties Authorized Third Parties Unauthorized Third Parties


FDCPA Areas of Risk:Communications with Consumer

Oral Communications Mini-Miranda requirements

Element 8 – Process control Overshadowing

Element 11 – Identification of non-conformity

Hours allowed to contact Element 5 – Purchasing



Written Communications Validation Notice

Element 15 – Internal Management Audits Verification

Element 13 – Handling, Storage, Preservation, & Delivery

Mini-Miranda Element 9 – Inspection & Testing

Overshadowing Element 12 – Corrective Action, Preventive Action &

Continuous Improvement© 2014 ACA International.

All Rights Reserved.


Electronic Communications E-mail

Element 8 – Process Control Web site


Caller ID Element 3 – Review of Client Issues


FDCPA Areas of Risk:Communications with Third Parties

Authorized Third Parties Spouse (sometimes)

Element 14 – Management of Records/Data Attorney for consumer

Element 7 – Data Identification & Traceability

Parent of minor consumer (sometimes) Element 16 - Training



Authorized Third Parties (cont’d) Guardian

Element 6 – Control of Client & Customer-Supplied Data

Executor/administrator Element 13 – Handling, Storage,

Preservation, & Delivery Attorney for creditor or debt collector

Element 8 – Process control



Unauthorized Third Parties Consumer Credit Counseling Services

Element 12 – Corrective Action, Preventive Action & Continuous Improvement

Power of Attorney Element 16 – Training

Employers and Others Element 14 – Management of Records/Data


FDCPA Areas of Risk:Disputes

Oral Disputes Element 2 – Management Systems

Written Disputes Element 6 – Control of Client &

Customer-Supplied Data


FDCPA Areas of Risk: Prohibited Practices Section 806 – Harassment or abuse Section 807 – False or misleading

representations Section 808 – Unfair practices

Element 8 – Process Control Element 11 – Identification of non-conformity Element 12 – Corrective Action, Preventive

Action & Continuous Improvement Element 16 – Training


Federal Compliance - FCRA

FCRA Areas of Risk Data Furnishers Disputes Permissible Purpose Identity Theft


FCRA Areas of Risk: Data Furnishers Date of delinquency

Element 6 – Control of Client & Customer-Supplied Data

Accurate and complete information Element 4 – Document and Data Control

Report disputes Element 12 – Corrective Action,

Preventive Action & Continuous Improvement


FCRA Areas of Risk: Disputes

Disputes from Consumer Written


Oral Element 7 – Data Identification &

Traceability

Disputes from CRA Element 8 – Process Control


FCRA Areas of Risk: Permissible Purpose Review or Collection of an Account

Element 9 – Inspection & Testing Employment Purposes

Element 14 – Management of Records/Data

Legitimate Business Need Element 11 – Identification of non-

conformity


FCRA Areas of Risk: Identity Theft

Required Consumer Notices Element 9 – Inspection & Testing

Duty to Update CRA(s) of ID theft notice Element 8 – Process Control


Federal Compliance - Bankruptcy

Bankruptcy Areas of Risk Automatic Stay Discharged Debt


Bankruptcy Areas of Risk:Automatic Stay

Actual vs. Constructive Notice Element 6 – Control of Client &

Customer-Supplied Data Ceasing Collection Activity

Element 16 – Training


Bankruptcy Areas of Risk:Discharged Debt

Cease Collection Attempts Element 8 – Process Control

Update Credit Reports Element 12 – Corrective Action,

Preventive Action & Continuous Improvement


Federal Compliance - GLBA

GLBA Areas of Risk Privacy Rule Safeguards Rule


GLBA Areas of Risk: Privacy

Privacy Notice and Opt-Out Policy Element 7 – Data Identification and

Traceability Annual Notice

Element 14 – Management of Records/Data


GLBA Areas of Risk: Safeguards

Develop, Implement and Maintain Written Security Program Element 2 – Management System

Contract Requirements Element 11 – Identification of non-

conformity


Federal Compliance - TCPA

TCPA Area of Risk Use of ADADs/Prerecorded Messages


TCPA Areas of Risk:ADADs/Prerecorded Messages

Identification Requirements Element 10 – Inspection & Test Status

Calling Wireless Numbers Element 5 – Purchasing


Federal Compliance - HIPAA

HIPAA Areas of Risk Privacy Rule Security Rule


HIPAA Areas of Risk: Privacy Rule Covered Entity vs. Business Associate

Element 2 – Management System Business Associate Agreements

Element 3 – Review of Client Issues Minimum Necessary Requirement

Element 7 – Data Identification and Traceability

Commingling Data Element 4 – Document and Data Control


HIPAA Areas of Risk:Security Rule

Develop and Implement Security Measures Element 2 – Management Systems

Maintain and Monitor Security Measures Element 9 – Inspection & Testing


Federal Compliance – SCRA Areas of Risk Adverse Action

Element 16 – Training Interest Rates

Element 7 – Data Identification & Traceability

Legal Actions and Statutes of Limitations Element 11 – Identification of non-

conformity


Areas to Examine

State Compliance Areas of Risk

License or Registration Bond requirements Communication requirements/restrictions Trust account requirements


State Areas of Risk:License or Registration

Main and/or branch office Element 5 – Purchasing

Collection Manager Element 3 – Review of Client Issues

Individual Collectors Element 13 – Handling, Storage,

Preservation & Delivery


State Areas of Risk: Bond Requirements

Statutory Element 5 – Purchasing

Client Contract Element 3 – Review of Client Issues


State Areas of Risk:Communication Requirements/Restrictions

Hours to contact Element 13 – Handling, Storage,

Preservation & Delivery Frequency of contacts

Element 14 – Management of Records/Data Contacts at PoE

Element 16 – Training Recording conversations

Element 9 – Inspection & Testing


State Areas of Risk:Communication Requirements/Restrictions

Adding fees/interest Element 6 – Control of Client &

Customer-Supplied Data Special text requirements

Element 9 – Inspection & Testing


State Areas of Risk: Trust Account Requirements

Commingling funds Element 14 – Management of

Records/Data Remittance

Element 8 – Process Control


Areas to Examine Compliance Resources

ACA website Campus ACA™ ACA International Publications

FDCPA Guide FCRA Guide State Guide Statutory Penalties Guide HIPAA Implementation Guide and DVD


© 2014 aca international. all rights reserved. obtaining optimum compliance performance...

Documents

communications communications

consumer element

aca international

debt collector element

parties contd guardian

delivery minimiranda

delivery caller id element

legal advice